April 9th, 2024 by James Goudie KC

In WARD V SoS for Levelling Up, Housing and Communities ( 2024 ) EWHC 676 ( Admin )  Lang J sets out the following principles : ( 1 ) the impact of development on the green belt is a matter of planning judgment, not law ; ( 2 ) the  law to be attached to any material consideration and all matters of planning judgment are within the exclusive jurisdiction of the decision-maker, not the Court; ( 3 ) under the NPPF inappropriate development is by definition harmful to the green belt and should not be approved except in very special circumstances; ( 4 ) although a child’s best interests are a primary consideration they are not determinative of a planning issue. The Judge also considers Article 8 of the ECHR in relation to the special position of gypsies as a minority group.

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